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HomeMy WebLinkAbout95-04107 ~ I -j ~ ,. E: ci. " I, I, ,,, I' , I I', ~ I ~ J , .. c- O - >I, " I, " , ,I, , ' ,I I' SHERIFF'S RETURN CASE NOI 1995-04107 P connON WEALTH OF PENNSYLVANIA I COUNTY OF cunBERLAND RonITO KlnBERLY J VS. THonAS ORVILLE F ROBERT L. FIHK CUnBERLAND County. Pennsylvania. to law. says. that he served the . Sheriff or Deputy Sheriff of who being duly sworn according within PROTECTION FROn ABUSE upon THOnAS ORVILLE F the defend.nt. at 1~30:00 HOURS. on the ~ day of Auaust 19~.t 841 E. HIOH STREET CARLISLE. PA 17013 .CUnBERLAND County, Pennsylvania. by handing to ORVILLE THOnAS . true .nd att.sted copy of the PROTECTION FROn ABUSE together with TEnpORARY PROTECTION ORDER .nd at the same time directing ~ attention to the contents thereof. Sheriff's CoStSI Docketing Service Affidavit Surcharge So aneverB: 18.00 2.80 .00 .00 .:l1D.81D R: Thomas Kline. Sheriff 00/00/0000 by ~-r~ - /. d.. ~.~___ ~~ epu y 5hn Sworn and subscribed to before me this / q~ day of ~'~J- 19 '1' A. D. '--..:)1>"'.<"" () l}\.o..EC..~ A..o.a:;,. ., "'rol'Jionot.ry...,..... Kimberly J. llomito, Plaint iff IN TilE COURT OF COMMON Pl.EAS OF CUMBERl.AND COUNTY, PENNSYI.VAN I A v. NO. '15- '/10" CIVIl. TERM Orvi lie F. Tbomas, Defendant PROTECTION FROM ABUSE ANIJ CUSTODY TEMPORARY PROTECTION ORDER ~....'" AND NOW, this Z ~ day of .ftH'Y, 1<)<)5, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Kimbel'ly J. Ilomito, now residing at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of ahuse from the defendant, Orville F, Thomas, the following Temporary Order is entered. The defendant, (hvillc F. Thomas, (SSN: 174-44-1002) (0.0,8,: OS/20/52) now residing at 107 W. l.outher Street, Carlisle, Cumberland ('ounty, Pennsylvania, is herehy enjoined from physically abusing the plaintiff, Kimberly J. Romito, or placing t'CI" in feal" ()f atJllsc. Thfl 11....."...'11,....... in ~11L:lude:tI fru- thu rluintiff'.l ..IUJiil8AG8 18eat811 a. In? \AI L.gLJtl.~. :;tl~"'L. '-.ill ll:slc. (,u...~t!.rla..tI fU1.I"lj, 1"8~""wj'1"a~a ..{....idcncl' which io.: jn;:ntl~. l'-u,,~..J l,y lln; pallilC~ f!.:.lc'"'p. fer thn I i~itwll pn"T"-'I'J~ flf trn..~fl.11 ~u~ .......~.,lud.Y ",f Ue 1"'1. ." t i.-.Q' t." i 1,1 I',..n '1'''.' de>fiPndant !..:hall ,".un1o'lin in hi~ u~h;("lp at ~II 'illall d...ri,,~ thl. 'YJ...~,ft,;1 uf ...u:-,ludy, The defendant is ol'll(~rf.'d to refrain from having any direct or indirect contact with the plaintiff, including, but not limited to, telli'phone itnd written communicati(ln~, except for the limited purpose of facilitating custody arrangements. The plaintiff may proceed without pre-payment of fees pending a further order after the hcaring. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, hut service may be accmnpl ished under any applicable rule of civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to ttw Sheriff for service, The Prothonotary shal I not send a copy of this Order to the defendant by mal I. The Carl Isle Borough Pol ice shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for Indirect criminal contempt without warrant upon probable cause that this Order has been violated. whether or not the violation is committed In the presence of the po lie e 0 f f ice r . In the event that an arrest is made, under this section. the defendant shall be taken without unnecessary delay before the court that issued the o('(ler. When that court is unavai lable. the defendant shall be taken before the appropriate district justice. (23 Pa. C.S. ~ 6113). By the Cou r t . ,;1L Judge a) On or a.bout July 25, 1995, the defendant. who had left the residence the day before at the plaintiff's request, came back home, jumped over the plaintiff's backyard fence, grabbed the minor child from the plaintiff's hands, and ran into the house. The plaintiff tried to get the child from the defendant, but the defendant grabbed the plaintiff by the back of her head and pulled h~r head back. The plaintiff was able to get the defendant to calm down and leave the house. 'Approximately one and one half hours latel', the defendant came back to the residence, pounded on the door and screamed at the plaintiff. The plaintiff opened the door, but told the defendant to leave. defendant refused and pushed past the plaintiff, defendant refused to leave and remained in the The The residence that evening. b) In or about May, 1')<)5, the defendant became angry with the plaintiff and screamed at her, with his face only inches from hers. The plaint i ff told the def:wdant to leave, but tlte defendant refused and grabbed the plaintiff's neck with both of his hands and choked the plaintiff. With his hands still around her neck, the defendant pushed the plaintiff into the kitchen, call iog her a f---ing bitch. The defendant threatened to call District Justice Correal and get her to tuke the minor chi 1<1 away from the plaintirr. As a result or the defendant's abuse, the plaintiff suffered soreness and redness about her neck. c) On or about Ap.-i I 16, 1995, the defendant became angry with the plaint i ff and screamed at her. As a result of the defendant's screams, the minor chi Id awoke and the plaint iff brought him out to the living room. The defendant told the plaintiff that he would never leave without the child, pulled the child out of the plaintiff's hands, and put him on the couch. When the plaintifr went towards the child, the defendant grabbed the plaintiff's hands and pushed the plaintiff in the chest, causing her to crash into a wooden bookcase, and fall to the floor. The plaint iff ran to a neighbor's house, where she called the pol ice, d) In or about November, 1993, the defendant became angry with the plaintiff und slapped her across the face, causing her to have a bloody nose and lip. 5. The plaintiff believes and thereror~ avers that she is in immediate and present danger of abus~ from the defendant should she remain in the home without the defendant's exclusion and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any dir~ct or indirect contact with the plaintiff in(',luding, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, 7. The plaintiff desires that the defendan( be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. IlXClUSIVE POSSIlSSION 10. The apartment from whict\ the plaint iff is asking the Court to exclude the defendant is rented in the names of Kimberly J. Romito and Orville F. Thomas. It. The plaintiff desires I,ossession of the apartment so as to give the greatest degree of continuity to the lives of the children and to allow them to continue their social activities. C. SUPPORT 12. The defendant has a duty to support the minor child. 13. The plaintiff is in need of financial support from the defendant including, hut not I imited to: the "ent payment on the residence at 107 W. Louther Street, Carlisle. Cumberland County, Pennsylvania. 14. The defendant is employed at Kenny Rogers Roasters, and has an hourly wage of t4.75. 15. The plaintiff currently has no income. 16 , The p III I n tl 1'1' In tend s t () pe tit Ion 1'0 r s uppo r t wit h I n two weeks of the issuance of a protection order, D. ATTORNEY ~EES 17. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. E, TEMPORARY CUSTODY 18. The plaint i 1'1' seeks tcmporary custody of the following chi ld: t1A!olE P~ESENT RESIDENCE Mill Preston R, Thomas 107 W. Louthcl' St, Carl is Ie, PA, 17013 II months old' The child was born out of wedlock. The chi ld is present Iy in the custody of the plaint iff. Kimberly J. Romito, who rcsides at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, Since his birth the chi Id has resided with the following persons and at the following addresses: NAME AI>DRESSIlS I>AT!!S Plaintiff, Defendant, and Joshua M. Romito (Plaintiff's other m i no r chi I d ) 117 W. Chllple Avcnue. Carlisle. PA 17013 8/94 to 2/95 Plaint iff, Defendant and Joshua M. Romito \07 W. Louther Street, Carlisle. PA 1701:1 2/9~ to present The plaintiff, Kimberl)! J. Romito, the mother 01' the child, is currentl)! residing at 107 W. louther Street, Carlisle, Cumberland County, Pennsylvania, She is single. The plaintiff currently resides with the following persons: ".\MI,l RIlLATIONSHIP Joshua M, Romito Preston R. Thomas Orville F. Thomas Plaintiff's son Plaintiff's son F r i end The defendant, Orville F. Thomas, the father of the child. is currently residing at 107 W. louther Street, Carlisle. Cumberland County, Pennsylvania. He is married to someone other than the plaintiff. The defendant currently resides with the fOllowing persons: N.\MIl RIl LAT IONSH I P Kimberly J. Romito Preston R. Thomas Joshua M. Romito F I' i end Son Plaintiff's son 19. The plaintiff has not previously participated in any litigation concerning custody uf the above mentioned child in this or any other Court. 20. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 21, The plaintiff docs not know of any persan not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 22, The best interests and permanent welfare of the minor chi Id wi II be met it' custody is temporari ly granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child and who has provided for the emotional and physical needs of the child since his bi rth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minol' chi Id. c. The defendant's behavior has adversely affected the child, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 2:1 Pa.C.S. ~ 6101 et s.cq., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pUl'suant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff and from placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the m i no r chi I dine I ud i ng , bu t no t I i m i t cd to, telephone and written communications, except to facilitate custody arrangements: 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4. Prohibiting the defendant from entering the plaintiff's place of employment; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 6. Grant ing possession of the apartment located at 107 W. Louther Street, Carl isle, Cumberland County, Pennsylvania, to the plaintiff to the ex~lusion of the defendant pendidg a final order in t his ma t t e r ; 7. Order ing the defendant to stay away from any residence the plaintiff may in the future establ ish for hersel f; 8. Grant ing temporary custody of the minor chi Id to the plaintiff; B. Schedule a hearing in accordance with the provisions of the "Protect ion from Abuse Act," and, after such hearing, enter IIn order to be in effect for a period of one year: I, Ordering the defendant to refrain from abusing the plaintiff and from placing her in fear of abuse; 2, Ordering the defendant to ref,'oin from having any direct or indirect contact with the plaintiff or the minor' chi Id induding, but not I imited to, telephone and written communications, except to facilitate custody arrangements; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4, Prohibiting the defendant from entering the plaintiff's place of employment; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by t~e plaintiff; 6, Granting possession o! the apartment located at 107 W. Louther Street, ~arlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order i nth i s ma t t c " ; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 8, Grant Ing tempol'ar}> custody of the minor child to the plaintiff; 9, Grant In!! support to the minor chi Id in an appropriate amount according to the support guidelines payable to the plaintiff in the form of a check or money order, mai led to her residence, and directing the defendant to make or continue to make rent or mortgage payments on the residence of the plaintiff. 10, Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of th\s Petition and Order be delivered to the Carlisle Police Department. The plaintiff prays for such other relief as may be just and proper, COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 23. The allegations of Count I above are incorporated herein as if fully set forth. 24, The best interest and permanent welfare of the minor child will be served by confil'ming custody in the plaintiff as set forth in Paragraph .22 of the Petition, The ~bove-n~med plaintiff. 'imberly J, Romito, verifies that I I I I I the statements made in the above Petition are true and correct, The plaintiff understands that false statements herein are m~dc subject to the penalties of 18 Pa, C,S, ~4904 relating to unsworn Date: 'J. J$g~~ .. ~~. / -(Q ., " I. L,... , . Vn L~..(: .. .l. XY)LJ';::) ... Ki bcrly J. Ro ltO. Plaint iff -. . falsification to authorities, , , ~'0 S;:;l , ~ trio ''0 ';) 4~ \." l") J . " fI , - ~ . .~ , . y '~ ~ , ')> J ~d '~ 1 'a , , KIMIlERI.Y J. ROMITO, Plaint i ff IN TIIF COURT 01' COMMON PI.EAS OF ClIMBElll.ANI> COUNTY, I'ENNS'II.VANIA v. NO. ')5- 4107 CIVIl. TEllM ORVILLE F. THOMAS, lIefendant PROTECT ION HmM ABlISE ANI> CUSTODY PROTECTION QRDER ANI> NOW, t his ,," day of August, IQQ5, upon consideration of the Consent Agreement of the part ies, the following Order is entered: I. The defendant, OllVIl.I.E I'. THOMAS, IS enjoined from physically abusing the plaintiff, KIMBERLY J, ROMITO, and from placing her in fear 01' abuse. 2. The de fl'ndan tis cnj 0 i ned from h,IY i ng any d i rec t or i nd i rec t con t ac t wit h t he 1'1 a i n t i 1'1' i nc I ud i ng, bu t no t I i 01 i t cd to, tclvphonl>: and written communicatior's, l~xccpt for the 'limited purpose of faci litating custody, during which times the defendant will remain outside the plaintiff's residence. 3. The defendant is ordered to refrain from harassing and stalking the plaint i 1'1' and from bara.,sing the plaint iff' s relat ives. 4. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned hy the parties. 5. The defendant is excluded from the plaintiff's residence located at Ill" W. l.outhel' Street, Carl isle, Cumberland County, Pennsylvania, except for the limited purpose of transf~rring c~stody, during which times the deferidant will remain outside the plaintiff's residenc~. 6, The defendant j,s orde..ed to stay away fl'om any residence the plaintiff may in the future establish for herself, except fOI' the limited purpose of facilitating custody, during which times the defendant will remain outside the plaintiff's ..esidence. 7, Court costs aOll fees arc waived. 8. This Order shall remain in effect fo.. a period of one (I) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern 0" practice that indicates 'risk of harm to the plaintiff on a continued basis. This Order shall be enforceable in the same manner as the Court's prior Tempora..y Protection Order entered in this (',ase. 9. This Order may subject the defendant to: i) arrest under 23 Pa. C.S. ~('113; ii) a private criminal complaint under 23 Pa. C.S. ~611:l.1; iii) a charge 01 indiren criminal contempt under 23 Pa. C.S. ~6114, punishable by imprisonment up to six months and a line 01 '100.0n"~1 ,non.nn; ami iv) civi I contempt under ~3 Pa. e.s. ~(,114.1. Resumption 01 co-residence on the part of the plaintiff and delendant shall not nullify the provisions of the court order. 10. The Ca..lisle Pol ice Department shall he providcd with a certified copy of this Order by thc plaintiff's attorney IHld may enforce this O..dcr hy a....cst lor indiH!ct cr;,ninal conteOlpt ~1N>",,,,:\..c, \.... -\ I \ ~ 1"1 ~ /J_e: "'.::.. \-~, aUG l~ 10 50 AK 195 "\(dJ~J \)'~"" ~-14-</5 l)t;\ . r u~....- ,.11 riLl,"" ) L ~ I~: t' 'f'IGN' I Ar., ., ! 1 i; l'" ,~tl y ,~, ,\ ", , " , " KIMRF.RI.Y J. ROMITO, Pill int iff 'N THE COIIIlT OF COMMON PLF.AS OF CUMREIH.ANlJ COUNTY, PENNSYI.VANIA v, NO. l)~-4Ill7 CIVil TERM ORVII.LF. F. THOMAS, Oe fendun t PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER II .. AND NOW, this day of August, 1<)<)~, upon cons iderat ion of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' chi Id) Pr~JI',., 1. The plaintiff, KIMBERLY J. ROMITO, hereinafter referred to as the mother, and tll<' defendant. ORVII.I.E F. THOMAS, hereinafter referred to as the father, will share legal custody of the chi Id. 2. The mother wi 11 huve primary physical custody of the chi Id. J. The father wil I have partial physical custody of the child one day a week from Ill:OO a.m. to 7:00 p.m. The parties understand th;,)t the father's work schedule changes weekly and that his day off may change from week to week. Therefore, the parties agree that the father will have the child on whatever day he has off frOM work during any given week, with the understanding that the father's period of partial custody il< limited to one day a week. 1'01' the purpOl<e of this agreement, the heginning and ending of a "week" shall he par."llcl to the father's pay period. For example, if the father has a work week of Wednesday tn Wedn('sday and he has off Tuesday and Thursday of the same calendar week, he will he allowed t.o have the chilli both Tuesday and Thu rsday. When t he fat he I' re,:e i ves his work schedule, he will notify the mother as to his days off. 4. The father and mother' wi II alternate Chri!1tmas Eve and Christmas Day each year, one parent havin~ the child on Christmas Eve until Christmas Day at 10:00 a.m. and the ollieI' parent having the child fi'om Christmas Day at 10:00 a.m. until Christmas Day at 8:00 p,m. The mother will have the period beginning Christmas Eve in 1995 and odd years thereafler. 5. The parties wi II alternate the following holidays: Easter, Memorial Day, the I'<HIl'II1 of .July, l.abor Day, and Thanksgiving. The father wil I have Labor Day in 1995. 6. The father wi II have the right to see the chi Id on' the child's birthday at a time to be agreed upon by the mother and father. 7. The mother and falher. hy mutual agreement, may vary from this schedule at any time. R. The mother and the father agree to refrain from excessive alcohol consumption during their respective periods of custody. 9. The mother' and falher ",ill notify each other of all medical care the child receives while in that parent's care. Each parent ~i I I notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child 5, The defendant agrees that the plaintiff have exclusive possession of the residence located at 107 W. louther Street, Carlisle, Cumberland County, Pennsylvania, except for the limited purpose of facilitating custody, during which times the defendant agrees to remain outside the plaintiff's residence. 6, The defendant agrees to stay away from any residence the plaintiff may in the future estahlish for herself, except for the limited purpose of facilitatin!, custody, during which times the defendant agrees to remain outside the plaintiff's residence. 7, The defendant, al though entering into this Agreement, does not atlmit ttlC allegati()ns ma(le in ttlC Petition, 8. The defendant understands that the Protection Order entered in this malter wi II he in effect for a period of one (I) year and can he extended beyond that time if the Court finds that the defendant has committed an ;.,et of ahusc or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protect ion Order entered in this case. 9. Violation of the Protection Ord~r may subject the defendant to: i) arrest under 2.1 1'1\. (',S. ~6ILl; ii) a private criminal complaint under 23 Pa. C,S, ~6113,1; iii) a charge of indirect criminal contempt under 23 Pa, C.S, ~"'4, punishable by imprisonment up to six months and a fine of $100.00-$1,000,00; and iv) civil contempt under 2,) Pa. C.S, ~t)114.1. 10. The defendant and the plaintiff agree to the entry of the following Order regarding custody of their child, PRESTON R, THOMAS: a. The plaintiff, KIMBERLY J. ROMITO, hereinafter referred to as the mother, and the defendant, ORVILLE F, THOMAS, hereinafter rtJferred to as the father, will share legal custody of the chi Id. b, The mother wi II have primary physical custody of the child. c. The father wi II have part ial physical custody of the child one day a week from 10:00 a.m. to 7:00 p.m, The parties understand that the father's work schedule changes weekly and that his day off may change from week to week. Therefore, the parties agree that the father will have the child on whatever day he has off from work during any given week, with the understanding t ha t the fat he I' . S pc I' i od 0 f pa I' t i a I c u s t ody ; s I i m i t ed to one (lay a week. For the purpose of this agreement, the beginning and ending of a "week" shall be parallel to the father's pay period. For example, if the father has a work week of Wednesday to Wednesday and he has off Tuesday and Thursday of the same calendar week, he will be al lowed to have the child both Tuesday and Thursday. When the father receives his work schedule, he wi II not i fy the mother as to his days off. d, The father and mother wi II al ternate Christmas Eve and Christmas Day each year, one parent having the chi Id on Christmas Eve unt i I Chdstmas Day at 10:00 a.m. and the other parent having the child from Christmas Day at 10:00 a.m. unt i I Christmas Day at 1\:00 p,m, The mother will have the period beginning Chl'istmas Eve in I<)<)~ and odd yei\l'S thereafter. e, The partie,~ will alternate the following holidays: Easter, Memorial Day, the Eourth of .July, I.abor Day, and Thanksgiving, The fathnr will have labor Day in 199~ . f. The fathel' wi II l1ave t1w right to see the chi Id on the child's birthday at a time to be agreed upon by the mother and father. g. The molt'el' and father, hy mutual agreement, may vary from this schedule at any time. h. The mother and the father agree to refrain from excessive alcohol consumption during their respective periods of custody. i, The mother and father wil I notify each other of all medical care the child receives while in tbat parent's care. Each pill'ent wi II not i fy the other immed iately of medical emergencies which arise while the child is in that parent'. care. j. The parties realize that tbl';" child's well heing is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that Protection and Custody Orders be entered to reflect the above ~-::ms,'1 ~/ ,/ JJJ,~)i /~, / c,:~~i/,c-- 1r .:.~"' <J~aJ:' ". i"" ff /..~ ICt, F. ~..,;.... '..,('"'';;';1 A. ,J Clue>, ,// ( l~~n Carey ,/ Attorney for Plaintiff l.Il0AL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Kimberly J. Romito, Plaintiff Orville F. Thomas, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- ~/07 CIVIL TERM : : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW this Z ,d day of , - ~y, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Kimberly J. Romito, now residing at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Orville F. Thomas, the following Temporary Order is entered. The defendant, Orville F. Thomas, (SSN: 174-44-1002) (D.O.B.: 05/20/52) now residing at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Kimberly J. Romito, or placing her in fear of abuse. ~ce~for th~ ]~m~t~d The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff, including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa. C.S. §6113; ii) a private criminal complaint under 23 Pa. C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. §6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of Preston R. Thomas, is hereby awarded to the plaintiff, Kimberly J. Romito This Order shall remain in effect until modified or terminated by the court after notice or hearing. A hearing shall be held on this matter on the //~ day of f~2<~ , 1995, at ~]~0 ~.m., in Courtroom No. ~, Carlisle, Pennsylvania. Cumberland County Courthouse, The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Carlisle Borough Police shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa. C.S. § 6113). By the Court, ' /~/~ Judge Kimberly J. Romito, Plaintiff Vo Orville F. Thomas, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 95- CIVIL TERM : : PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PEI~NSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. Kimberly J. Romito, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95- CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. § 6101 et seq. A. ABUSE Orville F. Thomas, Defendant 1. The plaintiff, Kimberly J. Romito, is an adult individual residing at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Orville F. Thomas, (SSN: 174-44-1002) (D.O.B.: 05/20/52), is an adult individual residing at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, 17013. The defendant has had an intimate relationship with the plaintiff. 4. attempted Since approximately February, 1995, the defendant has to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about July 25, 1995, the defendant, who had left the residence the day before at the plaintiff's request, came back home, jumped over the plaintiff's backyard fence, grabbed the minor child from the plaintiff's hands, and ran into the house. The plaintiff tried to get the child from the defendant, but the defendant grabbed the plaintiff by the back of her head and pulled her head back. The plaintiff was able to get the defendant to calm down and leave the house. Approximately one and one half hours later, the defendant came back to the residence, pounded on the door and screamed at the plaintiff. The plaintiff opened the door, but told the defendant to leave. The defendant refused and pushed past the plaintiff. The defendant refused to leave and remained in the residence that evening. b) In or about May, 1995, the defendant became angry with the plaintiff and screamed at her, with his face only inches from hers. defendant to leave, but grabbed the plaintiff's The plaintiff told the the defendant refused and neck with both of his hands and choked the plaintiff. With his hands still around her neck, the defendant pushed the plaintiff into the kitchen, calling her a f---lng bitch. The defendant threatened to call District Justice Correal and get her to take the minor child away from the plaintiff. As a result of the defendant's abuse, the plaintiff suffered soreness and redness about her neck. c) On or about April 16, 1995, the defendant became angry with the plaintiff and screamed at her. As a result of the defendant's screams, the minor child awoke and the plaintiff brought him out to the living room. The defendant told the plaintiff that he would never leave without the child, pulled the child out of the plaintiff's hands, and put him on the couch. When the plaintiff went towards the child, the defendant grabbed the plaintiff's hands and pushed the plaintiff in the chest, causing her to crash into a wooden bookcase, and fall to the floor. The plaintiff ran to a neighbor's house, where she called the police. d) In or about November, 1993, the defendant became angry with the plaintiff and slapped her across the face, causing her to have a bloody nose and lip. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering bet place of employment. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 10. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the names of Kimberly J. Romito and Orville F. Thomas. 11. The plaintiff desires possession of the apartment so as to give the greatest degree of continuity to the lives of the children and to allow them to continue their social activities. C. SUPPORT 12. The defendant has a duty to support the minor child. 13. The plaintiff is in need of financial support from the defendant including, but not limited to: the rent payment on the residence at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania. 14. The defendant is employed at Kenny Rogers Roasters, and has an hourly wage of $4.?5. 15. The plaintiff currently has no income. 16. The plaintiff intends to petition for support within two weeks of the issuance of a protection order. D. ATTORNEY FEES 17. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. E. TEMPORARY CUSTODY 18. The plaintiff seeks temporary custody of the following child: NAME PRESENT RESIDENCE AGE Preston R. Thomas 107 W. Louther St. 11 months old Carlisle, PA, 17013 The child was born out of wedlock. The child is presently in the custody of the plaintiff, Kimberly J. Romito, who resides at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania. Since his birth the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Plaintiff, 117 W. Chaple Defendant, and Avenue, Carlisle, Joshua M. Romito PA 17013 (Plaintiff's other minor child) 8/94 to 2/95 Plaintiff, 107 W. Louther Defendant and Street, Carlisle, Joshua M. Romito PA 17013 2/95 to present The currently residing at 107 W. Louther County, Pennsylvania. She is single. The plaintiff currently resides with the following persons: NAME RELATIONSHIP plaintiff, Kimberly J. Romito, the mother of the child, is Street, Carlisle, Cumberland Joshua M. Romito Preston R. Thomas Orville F. Thomas The defendant, Orville F. Plaintiff's son Plaintiff's son Friend Thomas, the father of the child, is currently residing at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania. He is married to someone other than the plaintiff. The defendant currently resides with the following persons: NAME RELATIONSHIP Kimberly J. Romito Preston R. Thomas Joshua M. Romito Friend Son Plaintiff's son 19. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 20. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 21. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 22. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child and who has provided for the emotional and physical needs of the child since his birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. c. The defendant's behavior has adversely affected the child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, amended, the plaintiff prays following relief: 1976, 23 Pa.C.S. § 6101 et seq., as this Honorable Court to grant the A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff and from placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff the "Protection from Abuse Act," and, after such hearing, an order to be in effect for a period of one year: or the minor child including, but not limited to, telephone and written communications, except to facilitate custody arrangements; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4. Prohibiting the defendant from entering the plaintiff's place of employment; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 6. Granting possession of the apartment located at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 8. Granting temporary custody of the minor child to the plaintiff; Schedule a hearing in accordance with the provisions of enter 1. Ordering the defendant to refrain from abusing the plaintiff and from placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the minor child including, but not limited to, telephone and written communications, except to facilitate custody arrangements; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4. Prohibiting the defendant from entering the plaintiff's place of employment; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 6. Granting possession of the apartment located at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 8. Granting temporary custody of the minor child to the plaintiff; 9. Granting support to the minor child in an appropriate amount according to the support guidelines payable to the plaintiff in the form of a check or money order, mailed to her residence, and directing the defendant to make or continue to make rent or mortgage payments on the residence of the plaintiff. 10. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the Carlisle Police Department. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 23. The allegations of Count I above are incorporated herein as if fully set forth. 24. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in Paragraph #22 of the Petition. WHEREFORE, pursuant to 23 Pa.C.S. § 5301 et seq., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Philip Brigant i Attorney for Plaintiff Supervising Attorney LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Certified Legal Intern LEGAL SERVICES, INC. The above-named plaintiff, Kimberly J. Romito, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~' ~5 erly J. R~-~0, r'l'ainti--ff · sa~!aoq~nu o~ uo!~uo!~sie~ uzo~sun ol ~u~lulaz ~06~§ '$'3 'ed ~I ~o sa~lieuad aq~ ol apem azu u~azaq s~uama~e~s aSlU3 ~uq~ spue~sa~pun ~u~wtd · ~o~oo puu ana~ *au uo!~!~aa a~oqu oq~ u5 apu~ s~ua~aau~s SHEHIPP'S RETURN CASE NO: 1995-04107 p COMMONWEALTH OP PEHHSYLYANIA: COUNTY OP CUMBERLAND ROBERT L. FINK , Sheriff or Deputy SherifS oS CUMBEHLAND County, Pennsylvania, who being duly sworn according to law, says, that he served the within PROTECTION PHOM ABUSE upon THOMAS ORVILLE Fthe deSendant, at 1530:00 HOURS, on the ...3rd day of Auoust 19~_~5 at ,, B4! E. HIGH STREET ' CARLISLE, PA 17013 ~~ County, Pennsylvania, by handing to ~RVILLE THOMAS a true and attested copy oS the ..PROTECTION PROM ABUSE together with TEMPORARY PROTECTION ORDER and at the same time directing His attention to the contents thereof. ' SheriSS's Costs: Docketing Service Surcharge 18.00 2.80 · 00 · 00 R. Thomas Kline, Sworn end subscribed to before me this .... ~ day oS ~ ?/ A.D. to,honorary ~ ' KIMBERLY 2. ROMITO, Plaintiff ORVILLE F. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 95- 4107 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY PROTECTION ORDER AND NOW, this /lC day of August, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, ORVILLE F. THOMAS, is enjoined from physically abusing the plaintiff, KIMBERLY J. ROMITO, and from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody, during which times the defendant will remain outside the plaintiff's residence. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 5. The defendant is excluded from the plaintiff's residence located at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, except for the limited purpose of transferring custody, during which times the defendant will remain outside the plaintiff's residence. 6. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, the limited purpose of facilitating custody, during the defendant will remain outside the plaintiff's except for which times residence. 7. 8. Court costs and fees are waived. This Order shall remain in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates'risk of harm to the plaintiff on a continued basis. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. This Order may subject the defendant to: i) arrest under 23 Pa. C.S. §6113; ii) a private criminal complaint under 23 Pa. C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. §6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 10. The Carlisle Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt ~Ol~.~lO~q~ t .~ S~Wo~oI hi ~V KIMBERLY J. ROMITO, Plaintiff ORVILLE F. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4107 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER AND NOW, this /I~ day of August, 1995, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child~ t°r~J~ 1. The plaintiff, KIMBERLY J. ROMITO, hereinafter referred to as the mother, and the defendant, ORVILLE F. THOMAS, hereinafter referred to as the father, will share legal custody of the child. The mother will have primary physical custody of the child. 3. The father will have partial physical custody of the child one day a week from 10:00 a.m. to 7:00 p.m. The parties understand that the father's work schedule changes weekly and that his day off may change from week to week. Therefore, the parties agree that the father will have the child on whatever day he has off from work during any given week, with the understanding that the father's period of partial custody is limited to one day a week. For the purpose of this agreement, the beginning and ending of a "week" shall be parallel to the father's pay period. For example, if the father has a work week of Wednesday to Wednesday and he has off Tuesday and Thursday of the same calendar week, he will be allowed to have the child both Tuesday and Thursday. When the father receives his work schedule, he will notify the mother as to his days off. 4. The father and mother will alternate Christmas Eve and Christmas Day each year, one parent having the child on Christmas Eve until Christmas Day at 10:00 a.m. and the other parent having the child from Christmas Day at 10:00 a.m. until Christmas Day at 8:00 p.m. The mother will have the period beginning Christmas Eve in 1995 and odd years thereafter. 5. The parties will alternate the following holidays: Easter, Memorial Day, the Fourth of July, Labor Day, and Thanksgiving. The father will have Labor Day in 1995. 6. The father will have the right to see the child on the child's birthday at a time to be agreed upon by the mother and father. 7. The mother and father, by mutual agreement, may vary from this schedule at any time. 8. The mother and the father agree to refrain f~om excessive alcohol consumption during their respective periods of custody. 9. The mother and father will notify each other of all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. By the Court, KIMBERLY J. ROMITO, Plaintiff Vo ORVILLE F. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 95-4107 CIVIL TERM : : PROTECTION FROM ABUSE AND CUSTODY CONSENT AGREEMENT This Agreement is entered on this/l//!~..day of August, 1995, by the plaintiff, KIMBERLY J. ROMITO, and the defendant, ORVILLE F. THOMAS. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, ORVILLE F. THOMAS, agrees to refrain from abusing the plaintiff, KIMBERLY J. ROMITO, and from placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, during which times the defendant will remain outside the plaintiff's residence. 3. The defendant agrees not to harass or stalk the plaintiff and harass the plaintiff's relatives. 4. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintlff or jointly owned by the parties. 5. The defendant agrees that the plaintiff have exclusive possession of the residence located at 107 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, except for the limited purpose of facilitating custody, during which times the defendant agrees to remain outside the plaintiff's residence. 6. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of facilitating custody, during which times the defendant agrees to remain outside the plaintiff's residence. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa. C.S. §6113; ii) a private criminal complaint under 23 Pa. C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. §6114.1. 10. The defendant and the plaintiff agree to the entry of the following Order regarding custody of their child, PRESTON R. THOMAS: a. The plaintiff, KIMBERLY 3. ROMITO, hereinafter referred to as the mother, and the defendant, ORVILLE F. THOMAS, hereinafter referred to as the father, will share legal custody of the child. b. The mother will have primary physical custody of the child. c. The father will have partial physical custody of the child one day a week from 10:00 a.m. to 7:00 p.m. The parties understand that the father's work schedule changes weekly and that his day off may change from week to week. Therefore, the parties agree that the father will have the child on whatever day he has off from work during any given week, with the understanding that the father's period of partial custody is limited to one day a week. For the purpose of this agreement, the beginning and ending of a "week" shall be parallel to the father's pay period. For example, if the father has a work week of Wednesday to Wednesday and he has off Tuesday and Thursday of the same calendar week, he will be allowed to have the child both Tuesday and Thursday. When the father receives his work schedule, he will notify the mother as to his days off. d. The father and mother will alternate Christmas Eve and Christmas Day each year, one parent having the child on Christmas Eve until Christmas Day at 10:00 a.m. and the other parent having the child from Christmas Day at 10:00 a.m. until Christmas Day at 8:00 p.m. The mother will have the period beginning Christmas Eve in 1995 and odd years thereafter. e. The parties will alternate the following holidays: Easter, Memorial Day, the Fourth of July, Labor Day, and Thanksgiving. The father will have Labor Day in 1995. f. The father will have the right to see the child on the child's birthday at a mother and father. g. The mother and father, time to be agreed upon by the by mutual agreement, may vary from this schedule at any time. h. The mother and the father agree to refrain from excessive alcohol consumption during their respective periods of custody. i. The mother and father will notify each other of ali medical care the child receives while in that parent's care. Each parent will notify the other medical emergencies which arise while the that parent's care. j. The parties realize that their child's well is paramount to any differences immediately of child is in being they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that Protection and Custody Orders be entered to reflect the above te~[ / . .-...,~ . , ,..//" /, ~-,~---~_...--'"7:~ l [JO~n Carey ~Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400